Browning

— Action by plaintiff to recover the sum of $534.90 paid to the defendant on account of warehouse charges alleged to have been unlawfully made by the defendant for and on account of resaeking and reconditioning certain lots of grain deposited by the plaintiff with the defendant, and kept by the defendant in a warehouse belonging to it, situate in the county of Yolo. The defendant had judgment and the plaintiff appeals.

The record shows that in July, 1921, the plaintiff stored in the defendant’s warehouse 1,782 sacks of wheat, and in July, 1922, stored certain other sacks of wheat to the number of 1,424, making an aggregate 4,932 sacks of wheat stored by the plaintiff in defendant’s warehouse.

The wheat remained in the defendant’s warehouse until the latter part of May, 1925; that is, a part of the grain remained stored approximately three years and the portion stored in 1921 remained approximately four years.

In the summer of 1923, two years after the storage of grain in 1921 and about one year after the storage of grain in 1922, many of the sacks broke and the piles fell down and a considerable quantity of the wheat spilled out over the floor and driveway of the warehouse;…